81 FR 46156 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 136 (July 15, 2016)

[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Page 46156]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16705]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0055]


Petition for Waiver of Compliance

    In accordance with part 211 of title 49 Code of Federal Regulations 
(CFR), this provides the public notice that by a document dated April 
1, 2016, Union Pacific Railroad (UP) has petitioned the Federal 
Railroad Administration (FRA) for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR part 229--Railroad Locomotive Safety Standards. FRA assigned the 
petition Docket Number FRA-2016-0055.
    Specifically, UP is seeking an exemption, until October 1, 2018, 
from the requirements of 49 CFR 229.135(b)(5) and (6), which require 
the use of a crash-hardened memory module as specified in Appendix D to 
part 229.
    Title 49 CFR 229.135(b)(5) and (6) allow for a phased-in approach 
for upgrading the memory modules. Railroads are not required to replace 
functioning modules installed prior to the availability of crash-worthy 
modules (CHM) until the locomotives are remanufactured. Similarly, 
outside of the remanufacturing process, railroads have been permitted 
to use replacement modules that do not meet Appendix D requirements if 
the modules were originally manufactured prior to 2010.
    As background, in September 2011, UP submitted a Request for 
Proposal to multiple vendors to procure a Locomotive Data Acquisition 
Recording System (LDARS) to meet FRA's requirement to calibrate/
synchronize the event recorder and Positive Train Control (PTC) data 
feeds into a CHM. UP awarded the contract in March 2012 for the 
development of a crash-worthy LDARS in accordance with the Federal 
requirements. These modules would capture and synchronize existing FRA-
required event-recorder data and FRA-required PTC information. In 
addition, UP specified LDARS be capable of recording event-recorder 
data feeds from a variety of locomotive control systems and data 
collection devices and integrating with currently installed event 
recorders. The vendor promised a scheduled delivery date of April 2014. 
However, UP did not receive a production-capable LDARS unit until 
September 2014. UP purchased and had planned to deploy 1,500 LDARS 
systems starting in the fourth quarter of 2014 but due to technology 
issues with LDARS, the purchased units had to be shipped back to the 
vendor for rework, and subsequent production of LDARS units stopped. 
The vendor has certified LDARS as being U.S. Department of 
Transportation crashworthy.
    As a result of these unanticipated issues, UP experienced 
significant delay in accepting and installing LDARS products. There 
were several issues contributing to the delay, specifically, issues 
with the memory module firmware and LSI interface, resulting in gaps in 
the recorded data and gaps in the video and audio feed. These issues 
have required UP to ``shop'' the locomotives for a third time for 
installation of PTC onboard components.
    Of the 5,656 planned PTC locomotives UP intends to replace, roughly 
1,100 event recorders are not capable of integration with LDARS. There 
are 2,000 crash-hardened integrated data recorders that will be 
replaced with LDARS to meet FRA calibration requirements.
    UP has more than 2,500 locomotives that have all of the equipment 
installed for PTC with the exception of LDARS. After UP qualifies 
LDARS, installation will be scheduled on the 90-day periodic 
maintenance inspection cycle for the 2,500 locomotives which are PTC 
ready, except for LDARS that are in the fleet today. The balance will 
be installed as UP continues to equip through September 2018, roughly 
1,100 locomotives per year.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Web site: http://www.regulations. gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by August 29, 2016 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-16705 Filed 7-14-16; 8:45 am]
 BILLING CODE 4910-06-P